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The Government of Tamil Nadu v. K. Sambathkumar

Madras HC15 Dec 2025CMP(MD)/17469/2025

Case brief

AI extract

What is this about?

Condonation of delay of 184 days; C.M.P.(MD) No.17469 of 2025 in W.A.(MD) SR No.90181 of 2025; Section 5 Limitation Act; writ appeal against order dated 17.03.2025 in W.P.(MD) No.3949 of 2025; Single Judge's order contrary to Division Bench judgment; Government of Tamil Nadu Water Resources Department; affidavit of Deputy Secretary; respondent K.Sambathkumar; Registry to number writ appeal and list for admission; decided 15.12.2025.

What did the court decide?

Delay of 184 days in filing W.A.(MD) SR No.90181 of 2025 condoned; Registry directed to number the writ appeal, if papers are otherwise in order, and post it for admission in the usual course. ¶28

The Government of Tamil Nadu Vs K. Sambathkumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 184 days in filing W.A.(MD) SR No.90181 of 2025 condoned; Registry directed to number the writ appeal, if papers are otherwise in order, and post it for admission in the usual course.

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Issue for consideration

Whether the delay of 184 days in filing writ appeal W.A.(MD) SR No.90181 of 2025 against the order dated 17.03.2025 in W.P.(MD) No.3949 of 2025 should be condoned under Section 5 of the Limitation Act.

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Court's answer

The grounds raised in the writ appeal require consideration because the order of the learned Single Judge is contrary to the Judgment of the Division Bench of this Court.

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Ratio / Principle

Considering the reason stated in the accompanying affidavit and the grounds raised in the writ appeal, the civil miscellaneous petition is allowed and the delay of 184 days in filing the writ appeal is condoned.

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Key takeaways

Registry directed to number the writ appeal, if the papers are otherwise in order, and post it for admission in the usual course.ratio¶29

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (Dr. G. Jayachandran and K.K. Ramakrishnan, JJ.; order by Dr. G. Jayachandran, J.), by order dated 15.12.2025 allowed C.M.P.(MD) No.17469 of 2025 filed by the Government of Tamil Nadu (Water Resources Department) and its engineers under Section 5 of the Limitation Act, condoning a delay of 184 days in filing W.A.(MD) SR No.90181 of 2025 against the order dated 17.03.2025 of the learned Single Judge in W.P.(MD) No.3949 of 2025 (respondent: K. Sambathkumar). Condonation rested on the reasons stated in Paragraph No.4 of the affidavit of the Deputy Secretary to Government, Water Resources Department, and on the court's view that the Single Judge's order was contrary to the Judgment of the Division Bench of the Court, making the grounds in the writ appeal worthy of consideration. The Registry was directed to number the writ appeal, if papers were otherwise in order, and post it for admission in the usual course.

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C.M.P.(MD) No.17469 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 15.12.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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C.M.P.(MD) No.17469 of 2025 in

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W.A.(MD) SR No.90181 of 2025

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1.The Government of Tamil Nadu rep.by Additional Chief Secretary to Government

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Water Resources Department Secretariat, Chennai-600 009

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2.The Engineer-in-Chief / Chief Engineer (General) Water Resources Department PWD Campus, Chepauk Chennai

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3.The Chief Engineer Madurai Region PWD Campus, Tallakulam Madurai

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4.The Superintending Engineer Water Resources Department Lower Vaigai Basin Circle Sivagangai

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD) No.17469 of 2025

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5.The Executive Engineer Water Resources Department Lower Vaigai Basin Division Paramakudi ... Petitioners

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-vs-

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K.Sambathkumar ... Respondent

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PRAYER: Petition filed under Section 5 of Limitation Act to condone the delay

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of 184 days in filing the above writ appeal as against the order dated 17.03.2025, passed in W.P.(MD) No.3949 of 2025.

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For Petitioners : Mr.M.Ajmal Khan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader For Respondent : Mr.K.C.Maniyarasu

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O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.]

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This civil miscellaneous petition has been filed seeking to condone the delay of 184 days in the filing the above writ appeal.

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2. The reason for the delay is stated in Paragraph No.4 of the affidavit filed by the Deputy Secretary to Government, Water Resources Department.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD) No.17469 of 2025

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3. Considering the reason stated in the accompanying affidavit and the grounds raised in the writ appeal, which require consideration of this Court, since the order of the learned Single Judge is contrary to the Judgment of the Division Bench of this Court, we are inclined to condone the delay. Accordingly, this civil miscellaneous petition is allowed and the delay of 184 days in filing the above writ appeal is condoned.

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4. Registry is directed to number the writ appeal, if the papers are otherwise in order, and post the same for admission in the usual course.

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[G.J., J.] [K.K.R.K., J.] 15.12.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To: 1.The Additional Chief Secretary to Government, Water Resources Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

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